Chastity
Elemento of Adultery
1.) Woman is married
2.) She has sexual intercourse w/ a man not her husband
3.) As regards the man w/ whom she has sexual intercourse, he
must know her to be married
Penalty
Prision Correccional MED & MAX
One degree lower
-The legal tent, therefore, has been and still is that circumstantial
and corroborative evidence such as will lead the guarded discretion of
a reasonable and just man to the conclusion that the criminal act of
adultery has been committed, will suffice to bring about a conviction
for that crime.
Adultery
Adultery committed while being
abandoned w/o justification by
the offended spouse
Sheer necessity-MITIGATING
The first complaint for adultery covered the period from 1946-March
14, 1947. The defendant wife pleaded guilty and was sentenced. The
second complaint for adultery, filed subsequently, covered the period
from March 15, 1947-Sept. 17, 1948. A motion to quash the second
complaint was filed on the ground that they would be twice put in
jeopardy of punishment for the same offense.
-it was held that her responsibility arising from her act of giving
herself up to the man who had lent her a helping hand during such
time of want and need should be considered mitigating two-fold by
sheer necessity (People vs Alberto et. al. CA 47 OG 2438)
Even if the husband should pardon his adulterous wife, such pardon
would not exempt the wife and her paramour from criminal liability
for adulterous acts committed after the pardon had been granted,
because the pardon refers to previous and NOT to subsequent
adulterous acts
If she knew that the man was married, she would be liable of
concubinage ALSO
-Abandonment could not serve her as an excuse or free her from the
criminal responsibility she incurred by the breach of fidelity she owed
her husband, for she had means w/in the law to compel him to fulfil
the duties imposed upon him by marriage (US vs Serrano et al 28 Phil
230)
-it will not bar prosecution against the unfaithful wife, because the
requirement that both offenders should be included in the complaint is
absolute only when the two offenders are alive #uhuh
Penalty
Prision Correccional MIN & MED
Destierro
Husband
Concubine
HOW is it committed?
-Art 353 seeks to protect the honor and reputation not only of the
living but of dead persons as well
Pardon
3.) by cohabiting w/ her in any other place
ELEMENTO-Concubinage
Adultery vs Concubinage
-both are violation of marital vow
-infidelity of the husband does NOT bring into the family, spurious
offspring
the offender must be a married man. The woman is liable only when
she knew him to be married prior to the commission of the crime
if his sexual relations w/ a woman not his wife is not any one of them,
he is not criminally liable (People vs Santos )
SCANDALOUS not only when he and his mistress live in the same
room of a house BUT also when they appear together in public, AND
perform acts in sight of the community w/c give rise to criticism and
general protest among the neighbours
-when spies are employed for the purpose of watching the conduct
of the accused and it appearing that none of the people living in the
vicinity has observed any suspicious conduct on his part in relation w/
his co-accused, there is no evidence of scandalous circumstances (US
vs Campos-Rueda 35 Phil 51)
Who is a mistress?
-it is necessary that the woman is taken by the accused into the
conjugal dwelling as a CONCUBINE
Conjugal Dwelling
-the home of the husband and wife even if the wife happens to be
temporarily absent on any account
US vs Bailoses 2 Phil 49
REASON: because adultery makes possible the introduction of another
mans blood into the family so that the offended husband may have
another mans son bearing his (husbands) name and receiving
support for him
For her failure to pay her debt, the girl, after beating her w/a stick, was
compelled by the defendant to take of all her clothes & dance before
him and many other persons. It was held that there was a crime of acts
of lasciviousness, even if the dominating motive of defendants conduct
was to take revenge upon the girl for her failure to pay her debt, for it
cannot be believed that there was no admixture of lasciviousness in
the thought & purpose of the defendant who could devise such
method.
Penaty
Prision Correccional
ELEMENTO-Acts of Lasciviousness
1.) Offender commits any acts of lasciviousness or lewdness
2.) Act of lasciviousness is committed against a person of either sex
3.) It is done under any of the following circumstances:
-lecherous
THE BOMB
Although there are indications that while the girl did not want
the accused as her accepted lover, she was not UNWILLING to
receive attentions from him #agaynay #uhuh
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(b) Those who commit the act of sexual intercourse or lascivious
conduct w/ a child exploited in prostitution or subjected to other
sexual abuse: Provided, That when the victim is under 12 yrs of age,
the perpetrators shall be prosecuted under Art 335(3) for rape and Art
336 of Act No. 3815(RPC ni) for rape or lascivious conduct, as the case
may be: Provided, That the penalty for lascivious conduct when the
victim is under 12 yrs of age shall be RT med
BUT
When the accused not only kissed & embraced the complainant, but
fondled her breast w/ the particular design to independently derive
vicarious pleasure therefrom, the element of lewd designs exists
#uhuh (People vs Panopio)
if the victim is less than 12 yrs of age, the crime is rape. If the victim is
over 18 yrs of age, qualified seduction is not committed. There is no
crime at all, if there is no force or intimidation or the woman is not
unconscious or otherwise deprived of reason
BUT take note: if the offender is the koyah or the papi of the offended
party, the crime is committed regardless of her age or reputation
Offended party need NOT be physically virgin.. naay d i lain nga
virgin? #agaynay #uhuh
In qualified seduction, the fact that the girl gave consent to the
sexual intercourse is no defense
Serrrr
-even if the accused is not the teacher of the offended party, it is
sufficient if the accused is a teacher in the same school, because of his
moral influence as member of the faculty over the student (Santos vs
People 40 OG Supp 6, 23)
Qualified Seduction is pwede also in the following:
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Penalty
Arresto Mayor
ELEMENTO- Simple Seduction
1.) Offended party is over 12 AND under 18 yrs
2.) She must be of good reputation, single or widow
3.) Offender has sexual intercourse w/ her
4.) Committed by means of deceit
Unsay Domestic?
-is a person usually living under the same roof, pertaining to the
same house
-includes all those persons residing w/ the family & who are
members of the same household, regardless of the fact that their
residence may only be temporary or that they may be paying for their
board & lodging
ELEMENTO
1.) Offender commits acts of lasciviousness or lewdness
2.) The acts are committed upon a woman who is a virgin or
singles or widow of good reputation, under 18 yrs of age but
over 12 yrs, or a sister or descendant regardless of her
reputation or age
3.) Offender accomplishes the acts by abuse of authority,
confidence, relationship, or deceit
#GoldDiggerBitch
If a woman under 18 but over 12, agrees to a sexual intercourse w/ a
man who promised to give her precious jewelry, and the man never
fulfills it, there is no seduction, because she proves to be a woman of
loose morals. She is a high-class prostitute
Penalty
Penalty
Arresto Mayor
Prision Mayor
PM + Temporary Absolute DQ
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Bugaw
Bugaw na Public Officer or EE
Victim under 12
-1 degree higher than that imposed by law
Sec 5. Child Prostitution & other Sexual AbuseChildren, whether male or female,
who for money, profit or other consideration or due to the coercion or influence of any
adult syndicate or group, indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution & other sexual abuse.
Chapter 4- Abduction
The penalty of reclusion temporal MED- reclusion perpetua shall be imposed upon the
ff:
1) Acting as procurer of a child prostitute;
2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
3) Taking advantage of influence or relationship to procure a child as prostitute;
4) Threatening or using violence towards a child to engage him as a prostitute
5) Giving monetary consideration, goods or other pecuniary benefit to a child w/
the intent to engage such child in prostitution.
Penalty
Penalty
Reclusion Temporal
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ELEMENTO
1.) Person abducted is any woman, regardless of her age, civil
status, or reputation
2.) Abduction is against her will
3.) Abduction is w/ lewd design
ANY WOMAN
-so pwede married woman
-virginity of the offended woman is NOT an essential element
of the crime of forcible abduction (People vs Torres 62 Phil
942)
Thus, when not only the woman, but the man as well, had the
required age for consenting to marriage, and it does not appear that
either of them had any impediment to contracting it, the intention to
marry does not constitute unchaste design (People vs Crisostomo 46
Phil 780)
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Penalty
Prision Correccional MIN & MED
ELEMENTO:
1.) Offended party MUST be a virgin
2.) She must be over 12 & under 18 yrs
3.) Taking away of the offended party MUST be w/ her consent,
after solicitation or cajolery from the offender
4.) Taking away of the offended party must be w/ lewd designs
Virginity #uhuh
-even if the accused had sexual intercourse w/ the girl before they
eloped, there is still a case of abduction w/ consent (US vs Casten 34
Phil 808)
If there was abduction but the resistance of the woman to the alleged
rape was not tenacious, the accused would be guilty only of abduction
Rape may absorb forcible abduction if the main objective of the
abduction was to rape the victim (People vs Toledo 83 Phil 777)
-Accordingly, one of these two crimes involves some important act w/c
is NOT an essential element of the other, so that the conviction of one
of them is NOT obstacle to that of the other. There was, therefore, no
double jeopardy. (People vs Franco CA 53 OG 410)
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When there was no solicitation or cajolery & no deceit & the girl
voluntarily went w/ the man, there is no crime committed even if they
had sexual intercourse #uhuh
-out of consideration for the offended woman & her family who
might prefer & to suffer in silence rather than go through w/ the
scandal of a public trial (Samilin vs CFI 57 Phil 298)
MORAL DAMAGES
Pwede?
- Pwede kaayo sa rape, seduction, abduction, or other lascivious acts as
well as in adultery and concubinage
Acknowledgment
-it has been held, however, that acknowledgment is disallowed if
the offender is a married man.
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